Economic Crime and Corporate Transparency Act 2023
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Change 1
184 Money laundering: offences of failing to disclose
(1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 330 (failure to disclose: regulated sector)— (a) subsection (7A) is moved to after subsection (7B) and is renumbered subsection (7C); (b) after that subsection as moved and renumbered, insert— (7D) Nor does a person commit an offence under this section if— (a) the information or other matter mentioned in subsection (3) consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and (b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering. (3) In section 331 (failure to disclose: nominated officers in the regulated sector), after subsection (6A) insert— (6B) Nor does a person commit an offence under this section if— (a) the information or other matter disclosed to the person under section 330 consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and (b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering.
184 Money laundering: offences of failing to disclose
(1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 330 (failure to disclose: regulated sector)— (a) subsection (7A) is moved to after subsection (7B) and is renumbered subsection (7C); (b) after that subsection as moved and renumbered, insert— (7D) Nor does a person commit an offence under this section if— (a) the information or other matter mentioned in subsection (3) consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and (b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering. (3) In section 331 (failure to disclose: nominated officers in the regulated sector), after subsection (6A) insert— (6B) Nor does a person commit an offence under this section if— (a) the information or other matter disclosed to the person under section 330 consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and (b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering.
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